Šeimos teisė pagal 1836 m. santuokos nuostatus, galiojusius Lietuvos Užnemunėje

Abstract

The article presents marriage provisions of 1836 effective in Lithuanian Užnemunė. Marriages were concluded in a church according to Church rules and rituals. For a marriage to be legal, the following key requirements had to be met: there had to be no obstacles because of which a marriage could be declared void, and certain rituals had to be performed. Failure to adhere to the requirement for the lawfulness of marriage in one case would mean that this marriage is void, in other cases would bring certain punishment for participants. Cases on invalidity of marriages were considered by church courts. The key conditions for marriage were: the age of persons entering into marriage, the consent of the both persons, the permission of parents or fosterers. Military servants had to obtain their commanders’ consent and to prove their physical ability for family life. Men could enter into marriage only after 18 years of age, and women – after 16 years of age. The key obstacles annulling marriage were the following: religious differences, previous effective marriage, moral oaths, crime, blood relations, and ignorance of public behaviour rules. Marriage was terminated in the following cases: 1) upon the death of one of the spouses; 2) after the marriage has been recognised as void; 3) if one of the spouses took a spiritual oath before the spouses commencing sexual relations. Family life was terminated and spouses were separated. All these actions were performed by church authorities upon one of the spouses’ request in case of adultery, violent behaviour, and criminal act or in cases when one of the spouses was forced to commit a criminal act by the other spouse.